News

Massachusetts Lawyers Weekly Names Day Pitney Case One of "Most Important Opinions" of First Half of 2011

Publisher: Massachusetts Lawyers Weekly

July 19, 2011

A case in which John McLafferty and Erica Tennyson successfully defended a Canadian citizen and his company against an action for injunctive relief was named one of Massachusetts Lawyers Weekly's "Most Important Opinions" during the first half of 2011. The case, Maine Pointe, LLC v. Starr, et al., centered around a request for a preliminary injunction to enforce non-compete provisions in an independent contractor/consultant agreement. The United States District Court in Boston denied the request because the basis for personal jurisdiction was ruled dubious and the plaintiff had not shown "a likelihood of success on the merits."

Heather Weine Brochin and Gregory Tabakman authored an article entitled "Third Circuit Advises that Employer Must Pay Employees for Short Rest Breaks," which was published by the New Jersey Law Journal.

Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.